Texas Law and HOA

[MissLaura]

Hello!
I have searched the threads in regards to local laws but they are old. I wondering if anyone knows if, in the state of Texas, can the HOA overrule the local laws? In my city (Princeton) people are allowed to have 6 hens, no roosters with the hen house at least 50 feet away from a dwelling. I've tried calling the city office but they are closed due to the virus
Any input would be greatly appreciated!

 

[rosemarythyme]

HOA overrules city, city overrules county. So yes if you're in a HOA you agree to abide by their rules.

 

[MissLaura]

HOA overrules city, city overrules county. So yes if you're in a HOA you agree to abide by their rules.

Thank you. Would you happen to know where this is located? A web page maybe?

 

[LeNeveu2]

https://capitol.texas.gov/tlodocs/85R/billtext/html/SB01620I.htm
This is it but it failed. There is no law for you to help in texas against and HOA.

 

[Acre4Me]

Thank you. Would you happen to know where this is located? A web page maybe?

When you moved into an HOA, you signed documents agreeing to abide by x rules. If the HOA rules state no chickens, then there are no chickens. I’m not advocating breaking rules, but some HOA BYCers have gotten chickens anyway and tried to hide them. This could lead to fines or whatever the HOA penalty is for that infraction. Others choose to move out of the HOA. Some have found that if the HOAhasn’t been active, they can move to try todissolve the HOA, but there are specifics to this I’m not knowledgeable on. Do a search on BYC for HOA threads and you may learn a few key bits of information that may pertain to your situation.

also, read your bylaws bc I remember one BYCer that mentioned an HOA they had lived in that specifically allowed small animals like chickens for educational purposes, such as 4-H.

and learning about HOAs, and what they are can be useful. its my understanding that they wield a lot of power, and given certain infractions or certain timeframes, they can actually take your property away from you. However, I’m not any kind of legal expert, so you’ll have to do your own research pertaining to your state and specific location.

 

[nao57]

Basically any HOA in any state is a bunch of greedy F-----s. You can't trust them at all.

You wouldn't believe how many stories of people I know where when they were buying a house they'd be told the HOA fees are locked and won't go up. Then its now five or six times what they started with. In CA, HOA fees now are sometimes close to 500 dollars a month. And my sister moved because their HOA had gotten up to 300 a month here in Utah, but it had started less than a hundred a month.

The funny thing is there is no legal bearing for HOA's to exist but everyone sides with them. ALWAYS. They have terrorized literally millions now in this country and work pretty effectively at being anti-constitutional in their applied behaviors. And a lot of why they get away with it, is that there's no outcry or banding together against them.

Most new housing now has a much higher chance of having an HOA attached it than older houses and land.

This kind of stuff bothers me. But until there's outcry you can't fight them solo well. And fighting them solo you will likely lose, due to 'social programming'.

I have no idea why people let HOAs to even exist. They were created to be glorified grass cutter services and to clean yards, not to rule over people. But now they only care about ruling over people. They don't even care about your grass.

Why do people even let them exist?

It seems like the only thing that would work against them is 'showing evidences of their abuses of power'.

Well sorry for my rant.

 

[Kathylanza]

Hello!
I have searched the threads in regards to local laws but they are old. I wondering if anyone knows if, in the state of Texas, can the HOA overrule the local laws? In my city (Princeton) people are allowed to have 6 hens, no roosters with the hen house at least 50 feet away from a dwelling. I've tried calling the city office but they are closed due to the virus
Any input would be greatly appreciated!
Laura, I was wondering the same. I live in Allen. The city passed an ordinance a few years ago that you can have backyard chickens, but I live in an HOA. My daughter insists that Texas passed a law over ruling HOA’s. I’m trying to find out.

 

[nao57]

HOAs in any state are famous for messing with people. And yes they quite often overrule local laws because they have been over represented by lobbying.

However, about your state and county and town specifically, I don't know. And I can't say for sure. Just that this has been the general observation for how they typically put themselves above others.

Many people have noted for example; 'when we moved in they told us the HOA wouldn't go up, and now our HOA payment is 3 times what it was when we started'. (This is a very common story.)

I've heard of HOAs in other states, not Texas, telling people how and in what manner they can landscape their yards, not allowing home improvements, not allowing painting, etc.

It 'might' be better for the HOA to not know you have chickens. I think if it were me that's what I'd do.

Now I also don't know how much your town municipality also talks to your HOAs. They might have some of the same people in them, even. This is because people who are attracted to money tend to try to get involved with making things 'their way' and creating their own conditions. This could be an issue when or if you have to get a poultry license in your town.

 

[The Moonshiner]

If your HOA says no poultry then no poultry no matter what the city, county or state says.
Texas tried to pass a law but the attempt failed.
HOAs rules are a contract that homeowners sign. You can't sign a contract then expect it doesn't count when it doesn't allow something you want.

 

[ChickenRoper1]

We Need the help of all Texans to call their Senator and ask for their support of the HB 1686. See below for info on the bill and how to contact your Senator. Please help those of us who are fighting their HOA and City Municipalities.

HB 1686, the Home Food Security Act, has passed the Texas House by a vote of 143-1! Now the Senate must pass the bill for it to be sent to the Governor to become law!

HB 1686 says that municipalities and HOA’s can’t prohibit you from having up to 6 laying hens, 6 rabbits, (with no more than a total of 8 ) or a front yard garden. It also says that HOA’s can’t prohibit your cottage food operation. Reasonable regulations for noise and odor control are part of this bill – and no roosters.

We all saw the breakdowns in the food supply chain this past year. COVID. Meat-packing plants shut down. The Great Freeze in February with empty grocery shelves and lines out the doors. We can increase our food security if we can produce food for our families on land that we already own.
CALL:
Find out who your Texas State Senator is by entering your address at this link:
https://wrm.capitol.texas.gov/home
Click on the name that is “Texas Senate District XX”. Their phone number starts with 512-463-XXXX.
OR you can just call the Capitol Switchboard at 512-463-4630 and give the operator your address and ask to be connected to your Senator.
(Don’t call Ted Cruz or John Cornyn, they are our US Senators and can’t help with this!)
Call that number above, and when the staff person answers the phone, say: “Hi, my name is _____ and I am a constituent. I am c
alling to ask Senator ____ to vote YES on HB 1686. It has already passed the House.

You can add a sentence or two about why the bill is important to you: be concise. This is the busiest time of session, so shorter is better!

Read the bill (click the Text tab, choose House Committee Report):
https://capitol.texas.gov/BillLookup/History.aspx…